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Suspension and Dismissal Policy - 63.12

College Procedure Number/Title:

Dismissal

The president of Howard Community College may recommend to the board of trustees dismissal of a term of contract employee (see policy 63.03, Employment and procedure 63.03.01, Employment Definitions) for cause, as defined below, and in accordance with federal and state law. If the board accepts the recommendation of the president, the board of trustees will authorize the president to dismiss the employee.

Cause is defined as including, but not limited to, the following: incompetent or inefficient service; insubordina­tion; immorality; substance abuse; discrimination or harassment or other illegal acts; willful neglect of duty; unprofessional or unethical conduct; inability to perform the essential functions of the position; or the violation of college policies or procedures.

A term of contract employee (as defined in procedure 63.03.01, Employment Definitions) who is recommended for dismissal for cause by the president, is entitled to reasonable notice of the grounds for dismissal and the opportunity to be heard, as set forth in procedures 63.12.01, Dismissal of Term of Contract Faculty and 63.12.02, Dismissal of Term of Contract Staff Employees.

Employees without term of contract who are recommended for dismissal for cause are not entitled by law to reasonable notice and the opportunity to be heard. Employees without term of contract are “at-will” employees (see policy 63.03, Employment and procedure 63.03.01, Employment Definitions). “At-will” employment means that employment may be ended at any time and for any reason or no reason by the college or the employee.

Suspension

As authorized by the procedures of the board of trustees, the president or a designee may suspend employees for cause, as defined above, for a period of up to five months or one major academic semester.

If the suspension for a term of contract employee is without pay, the employee is provided reasonable notice of the grounds for the suspension and an opportunity to be heard in accordance with procedure 63.12.03, Suspension of Term of Contract Employees. Employees without term of contract are not entitled to notice and an opportunity to be heard prior to a suspension.

Non-Discrimination

All dismissals and suspensions are conducted in accordance with policy 63.01, Non-Discrimination.

Effective Date: 06/09/22

President's Office Use:  VPAF

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